Criminal Embezzlement: Va. Code 18.2-111

What is Embezzlement in Virginia?

Criminal embezzlement in Virginia is the theft, misuse, or fraudulent use of money or property from an employer, organization, or other entity or individual. 

If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement.

Unlike larceny, which may involve taking money from a stranger, embezzlement involves the use or misuse of money or property that lawfully came into an individual’s possession by virtue of their employment or position. So for embezzlement, you rightfully had possession of the goods or money, and then misappropriated it without permission.

While embezzlement is commonly thought of as only a “white collar” crime, anyone who originally take money or goods lawfully, and then uses or keeps it unlawfully can be charged. 

For example, an employee who lawfully accepts money from clients on behalf of the employer is lawfully in possession of these funds.  Once the employee uses the employer’s funds for an impermissible personal use or otherwise conceals or misuses the employer’s funds, then the employee has committed embezzlement.

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